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by Admin
07 May 2024 2:49 AM
In a landmark judgment, the Delhi High Court set aside the cancellation of admission of an OBC-NCL category candidate by the All India Institute of Medical Sciences (AIIMS) due to late submission of the OBC-NCL certificate. Hon'ble Mr. Justice Purushaindra Kumar Kaurav, presiding over the case, declared that the timeframe stipulated by AIIMS for the submission of OBC-NCL certificates was arbitrary and unconstitutional.
The petitioner, Ravi Kumar, had his candidature cancelled by AIIMS for a postgraduate medical course. The reason cited was his failure to submit the OBC-NCL certificate within the timeframe stipulated in the AIIMS prospectus. Represented by Mr. Amitesh Kumar, Ms. Priti Kumari, and Mr. Mrinal Kishor, the petitioner challenged this cancellation, arguing it lacked a rational nexus with the objective of reservation.
Justice Kaurav, in his ruling, noted, "The insistence by the respondent on the submission of the OBC-NCL certificate issued during the given cut-off date, is arbitrary and has no rational nexus with the object of reservation." He further emphasized the distinction between technical/academic qualifications and the OBC-NCL certificate, stating that the latter merely confirms an existing fact and should not nullify a candidate’s fundamental right to fair consideration under the reservation policy.
The court's decision underlines the importance of ensuring fair and rational criteria in the implementation of reservation policies. It highlights that administrative procedures should not become hurdles in realizing constitutional promises of equality and affirmative action.
The court directed AIIMS to accept the petitioner's fresh OBC-NCL certificate, dated 23.11.2023, and confirmed his admission which was previously granted under an interim order.
Date of Decision: 2nd February 2024
Ravi Kumar VS All India Institute Of Medical Sciences